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    Terms and Conditions

     

    Ross Industries Terms and Condtions

     

    Quotations: All quotations , written or verbal, are valid for 30 calendar days from date of quote unless otherwise noted. No return or cancellations on made to order or special order parts. Made to order and special order parts are designated with a 0 or 8 prefix to the Ross part number. All other parts are subject to return evaluation and a restocking fee up to 35%

     

    Standard Terms and Conditions of Sale

    Ross Industries, Inc. Standard TERMS AND CONDITIONS OF SALE

    Prices - Prices and the governing terms and conditions of sale are those set forth in Ross Industries, Inc.'s current price lists and are subject to change without notice. Unless otherwise specifically agreed, all prices are for equipment packed for domestic shipment and for delivery FOB our facility. Parts shipments will have freight and insurance costs prepaid and added to the final invoice unless otherwise specified in the purchase order.

    Payment - Unless otherwise agreed upon in writing, terms of payment for an order with a sales price under $50,000 are cash, in United States dollars, net 15 days from date of shipment. For an order, or a series of orders, with a combined sales price of $50,000 or more, payment terms are: 50% due with order, 40% due prior to shipment, and the 10% balance due 30 days after shipment. Prior to shipment, a hold will be placed on any order until the scheduled payment is received. A monthly interest charge of 1 1/2% per month or any portion thereof is payable to unpaid balances after 45 days from date of shipment. Accounts must be paid free of exchange, collection, or other charges. All orders are subject to the approval of Ross Industries, Inc.'s Credit Department, and Ross Industries, Inc. may require full or partial payment in advance. Pro rata payments shall become due as shipments are made, except where shipments are delayed by the Purchaser for any reason, in which event payments shall become due from the date on which Ross Industries, Inc. is prepared to make shipment. Ross Industries, Inc. may elect to require payment based on the contract price or percentage of completion related to achievement of a project milestone, project milestones being defined as a step performed by Ross Industries, Inc. or an event or occurrence in the course of a contractual period. Any property held for Purchaser shall be at the risk and expense of the Purchaser. In the event that Purchaser shall default in payment in accordance with the first paragraph of this Section, then the Purchaser agrees to pay all costs of collection including reasonable attorney's fees and court costs. In the event that the Purchaser shall default in payment, Purchaser agrees to specifically allow Seller to have access to the machinery, and Seller at his option without electing his remedies, may repossess said machinery, giving the Purchaser credit for the subsequent resale value, if any. If the repossessed machinery, subsequently sold by Seller, is insufficient to satisfy the outstanding balance, Purchaser agrees to pay any deficiency. Taxes - The Purchaser shall reimburse Ross Industries, Inc. for any present or future sales, use, occupation, excise, or other tax arising out of sales of products to the Purchaser upon receipt of Ross Industries’ invoice for the amount of the tax or, at the option of Ross Industries, Inc., the Purchaser shall provide the Seller with a tax exemption certificate acceptable to the appropriate taxing authorities.

    Delivery and Partial Shipments. Delivery is FOB Midland VA. Shipping dates are estimates that are not guaranteed and are based upon prompt receipt of all necessary information. Ross Industries, Inc. shall in no event be liable for delays caused by fire, acts of God, strikes, labor difficulties, acts of governmental or military authorities delay in transportation, or in procuring materials or causes of any kind beyond Ross Industries, Inc.’s control. Partial shipments may be made and payments therefore shall become due in accordance with the terms hereof or as shipments are made and invoices rendered.

    Limited Standard Warranty. Ross Industries, Inc. warrants that all products furnished by it are free from defects in material and workmanship at the time of shipment for a period of 6 months from the date of shipment. Claims must be made during that period and are limited to the replacement or repair of parts claimed to be defective. In the case of components purchased by Ross Industries, Inc., such as starters, controls, mechanical seals, motors, couplings, etc., Ross Industries, Inc. will extend the warranty of that manufacturer to the purchaser in lieu of any warranty. The replacement of wear items, including, but not limited to, seals, bearings, couplings, gaskets, tenderizer blades, heaters, etc., made in connection with normal service, are not covered by this Warranty. This Limited Standard Warranty is valid only when the product has been properly installed, used in a normal manner, and serviced according to the operating manual. This warranty shall not extend to products that have been misused, neglected, altered, or repaired without factory authorization during the warranty period. Operating conditions beyond our control such as improper voltage, air or water pressure, excessive ambient temperatures, or other conditions that would affect the performance or life of the product will also cause the warranty to become void. Permission to return parts for warranty repair must be obtained, and all returns must be prepaid to the factory. If, after examination, the product or part is found to be defective, it will be repaired or replaced on a no-charge basis and returned, FOB the factory. If it is determined that the Warranty has not been breached by Ross Industries, Inc., then the usual charges for repair or replacement will be made, FOB the factory. Parts or products that are obsolete or those made to special order are not returnable. This Limited Standard Warranty applies only to the above and is for the period set forth. Ross Industries, Inc. maximum liability shall not, in any case, exceed the contract price for the product, part, or component claimed to be defective; and Ross Industries, Inc. assumes no liability for any special, indirect, or consequential damages arising from defective equipment, product being processed or packaged or any packaging materials being utilized on Ross Industries, Inc. equipment.

    THERE ARE NO WARRANTIES IMPLIED OR EXPRESSED, INCLUDING WARRANTIES OF FITNESS FOR A PARTICULAR PURPOSE OR WARRANTIES OF MERCHANTABILITY, THAT EXTEND BEYOND THOSE CONTAINED IN THIS LIMITED STANDARD WARRANTY. NOTE: For extended warranties on your new equipment, contact Ross Headquarters at +1-540-439-3271 or 1-800-336-6010.

    Quotations - Unless otherwise stated, written quotations expire after 30 days from issuance. The most recent quotation for a transaction supersedes all previous quotations and agreements relating to the transaction. Return of Goods - No goods may be returned for credit or under claim of Warranty without Ross Industries, Inc. written consent and shipping instructions.

    Claims . Claims for shortages and damages must be made within five (5) days after receipt of goods. All other claims must be made within 30 days of shipping date. Cancellations - In the event a purchaser cancels a purchase order for any reason after receipt at the factory and prior to shipment, the following cancellation charges apply:

    Standard (restockable) equipment and accessories: 35% of contract value.

    Engineered equipment and systems: (1) Order entered but engineering not started: 5% of contract value. (2) Engineering and drawings initiated: 10-30% of contract value prorated based upon the degree of completion of engineering and drawings. (3) Order released for manufacture and purchase orders for third party components placed: 35% of contract value plus an additional charge based on cancellation charges incurred by Ross, and an additional charge prorated based upon the degree of completion of the orders. (4) Manufacturing completed: 100% of contract value.

    Minimum cancellation charge: $50.

    Acceptance. All orders are subject to acceptance by Ross Industries, Inc. at its home office. No changes or modifications of the above Terms and Conditions shall be binding upon Ross Industries, Inc. unless made in writing and signed by Ross Industries, Inc. No provisions of Purchaser's order, which contradict, modify, or add to any of the provisions of this proposal, shall be binding unless made in writing and signed by Ross Industries, Inc. In no event shall any claim for consequential or special damages be made by either party. The Purchaser accepts all risks incidental to the use of Ross Industries, Inc. products. Additionally, the Purchaser agrees to hold Ross Industries, Inc. harmless and indemnify Ross Industries, Inc. from any and all legal fees, costs, claim, liability, loss, or any other expense or damage sustained by reason of injury to person or property for which Ross Industries, Inc. may be sued or become liable solely or jointly as a result of any claim based upon the Purchaser's use or resale or use by any successor of Ross Industries, Inc. product. Interpretation - This Agreement shall be construed in accordance with the laws prevailing in the Commonwealth of Virginia. This Agreement contains the entire Agreement between the parties hereto.